INTER-AMERICAN COMMISSION: Report on session 138

[WASHINGTON, 26 March 2010] - The Inter-American Commission on Human Rights (IACHR) held its 138th session from 15-26 March 2010 in Washington DC, USA.

The Commission held 35 hearings and 18 working meetings, approving 62 reports on individual cases and petitions. The reports dealt with structural human rights problems that persist in the region, covering respect for the right to life and humane treatment, guarantees of due process and judicial protection, the exercise of economic, social, and cultural rights, the rights of children, indigenous peoples, Afro-descendants, women, persons deprived of liberty, and lesbian, gay, bisexual, and transgender (LGBT) people.

Hearings

Peru: use of children in armed confrontations persists

The Commission heard that terrorist group the Shining Path continues to use children in its activities in a hearing presented by the Coordinadora Nacional de Derechos Humanos (CNDDHH) with support from Save the Children. Read the full report here (in Spanish).

The recruitment of children into the Peruvian Armed Forces was also under discussion; the issue made international headlines last year after a number of soldiers killed or injured in armed confrontations with the Shining Path were found to be minors.

Recommendations:

  • Request the State to adopt necessary measures to prevent the recruitment of children by terrorist organisation the Shining Path.
  • Request the State to adopt necessary measures to guarantee that minors will not be enlisted to serve in the security forces. 
  • Request the State to adopt all possible measures to ensure that children recruited or enlisted in contravention of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict are demobilised and provided with all suitable assistance for their physical and psychological recovery and social reintegration.
  • Request the State to provide a 'protective environment' to children who are demobilised, including effective strategies to avoid recruitment, long-term investment in education, professional training and support to families and communities.
  • Request the State to bring its domestic legislation in line with its international obligations, modifying its Children's and Adolescents' Code to cover the provisions of the two Optional Protocols to the Convention on the Rights of the Child.
  • Request the State to bring its domestic legislation in line with international obligations, changing its Penal code to criminalise the recruitment and enlistment of under-18s.
  • Request the State to establish an inter-institutional mechanism to follow up the above points with the participation of civil society.


The Commission also received information that kidnappings of migrant children in Mexico are rocketing - as many as 18,000 migrants were reportedly kidnapped in transit in the country during 2009. Most of the victims were women and children who were kidnapped for ransom. Many were allegedly subjected to torture. The Rapporteurship on the Rights of Migrant Workers and Their Families has expressed interest in conducting a country visit to investigate the situation.

In a hearing on economic, social and cultural rights following the Haiti earthquake in January, the Commission heard an update on the situation of children, women, and persons with disabilities and on the the limited access to housing, food, and medical care. The Inter-American Commission expressed profound concern about the difficulties encountered by the Haitian government to meet basic needs and guarantee the economic and social rights of the people of Haiti. It stressed the need for every actor involved in the management of financial assistance to promote mechanisms for coordination, oversight, and transparency.

Ongoing instability in Honduras was high on the Commission's agenda. The Commission continues to receive information about murder, kidnapping, torture, rape, unlawful house raids, and threats against individuals active in the resistance to the June 2009 coup d'état. Relatives of those involved, as well as journalists reporting on the resistance movement, have also allegedly been subjected to threats and attacks. The Commission expressed deep concern about these allegations, urging the State to implement the precautionary measures in effect and consent to a visit by the Commission.

Other hearings covered democracy and human rights in Venezuela, forced displacements, particularly of indigenous people, caused by mega-development projects and the exploitation of naturla resources, attacks and harassment against human rights defenders across the region. In this respect, the Commission welcomed Mexico's plans to create a mechanism for the protection of journalists and human rights defenders.

Webcasts and audio recordings of hearings are available on the Commission's website.

US denies visas to petitioners

During its latest session, the Inter-American Commission expressed concern that some petitioners and alleged victims of human rights violations had experienced difficulties in obtaining visas to enter the United States, which meant they were unable to participate in hearings. This is not the first time this situation has arisen and the Commission has reiterated that "it is unacceptable to deny visas to people who wish to present complaints, offer testimony, serve as expert witnesses, or defend their cases before the Commission. This situation has a very serious negative impact on the fulfilment of the Commission's mandate to monitor the human rights situation in the Americas."

On other procedural matters, the Commission decided to appoint Commissioner Paulo Sérgio Pinheiro to the post of Rapporteur for El Salvador. The Commission also reiterated to the State of Nicaragua its request to conduct a visit to evaluate the country's human rights situation.

[Sources: Inter-American Commission on Human Rights and the Coordinadora Nacional de Derechos Humanos]

Further information

 

Countries

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